Pursuant to section
6109.23 of the Revised Code, the
director may assess and collect administrative penalties from any
person who
owns or operates a
public water system and violates Chapter 6109. of the
Revised Code or the administrative rules adopted thereunder. Administrative
penalties for a
public water system shall be calculated according to this rule
in the following manner:
(A) Each violation of
the public water system shall be assigned a value of one thousand dollars. This
amount represents the threat to public health caused by the public water
system's failure to comply with the applicable regulations.
(B) The value is then multiplied by a number,
expressed as a decimal, which represents the
public water system's size, in
accordance with the following list in order to determine the penalty amount for
each day of each violation:
|
System Size (number of people served)
|
Number
|
|
At least 15 service connections or 25 to
3,300
|
0.25
|
|
3,301 to 6,700
|
0.50
|
|
6,701 to 10,000
|
0.75
|
|
10,001 or more
|
1.00
|
(B) Lead and copper rule
administrative penalties. Pursuant to section 6109.121 of the Revised Code, the
director shall assess and collect administrative penalties from any person who
owns or operates a community or nontransient noncommunity water system and
violates paragraphs (A)(1) and (C)(1) of rule 3745-81-85 of the Administrative
Code. Administrative penalties shall be assessed in accordance with the
following tables:
Violation of paragraph (A)(1) of
rule 3745-81-85 of the Administrative Code (consumer
notification)
|
Population
Served
|
Penalty Assessed (dollars
per day per notification)
|
|
25 -
3,300
|
$25.00
|
|
3,301 -
10,000
|
$50.00
|
|
10,001 -
25,000
|
$75.00
|
|
25,001 or
more
|
$100.00
|
Violation of paragraph (C)(1) of
rule 3745-81-85 of the Administrative Code (lead public
notification)
|
Population
Served
|
Penalty Assessed (dollars
per day per notification)
|
|
25 -
3,300
|
$250.00
|
|
3,301 -
10,000
|
$500.00
|
|
10,001 -
25,000
|
$750.00
|
|
25,001 or
more
|
$1,000.00
|
Notes
Ohio Admin. Code
3745-81-04
Effective:
6/13/2024
Five Year Review (FYR) Dates:
2/28/2024 and
06/13/2029
Promulgated
Under: 119.03
Statutory
Authority: 6109.03
Rule
Amplifies: 6109.03,
6109.04
Prior
Effective Dates: 10/01/1999, 10/17/2003,
05/01/2018
